Multiplex Construction Europe Ltd v Dunne

Multiplex Construction Europe Ltd v Dunne

The Advance Payment Deed, as amended by the SHP Agreement, constitutes a contract of indemnity, imposing a primary obligation on Mr Dunne to repay £4 million to Multiplex immediately upon DBCE's insolvency, unaffected by set-offs, counterclaims, or the operation of the Insolvency Rules.

Parties
Claimant: Multiplex Construction Europe Limited (formerly Brookfield Multiplex Construction Europe Limited); Defendant: Gordon Alan Dunne
Jurisdiction
England and Wales
Judgment Date
30 November 2017
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for the claimant
Legal Topics
Indemnity, Guarantee, Summary Judgment, Construction Contracts, Insolvency
Contract Law Commercial Law Indemnity Guarantee Summary Judgment Construction Contracts Insolvency

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Multiplex Construction Europe Limited (formerly Brookfield Multiplex Construction Europe Limited)

Claimant

Gordon Alan Dunne

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Advance Payment Deed constitutes a contract of indemnity or guarantee
  2. 2 Whether Mr Dunne's liability is primary or secondary
  3. 3 Whether set-offs and counterclaims by DBCE affect Mr Dunne's liability

Ratio Decidendi

The Advance Payment Deed, as amended by the SHP Agreement, constitutes a contract of indemnity, imposing a primary obligation on Mr Dunne to repay £4 million to Multiplex immediately upon DBCE's insolvency, unaffected by set-offs, counterclaims, or the operation of the Insolvency Rules.

Court Disposition

summary judgment granted for the claimant

Orders

  • Mr Dunne is liable to pay £4 million to Multiplex Construction Europe Limited
  • Interest to be determined